76 US Lawmakers Ask Obama to Let Them See Guantánamo Force-Feeding Videos

Reps. Raúl Grijalva (D-Ariz.) and Keith Ellison (D-Minn.), the co-chairs of the Congressional Progressive Caucus, who sent a letter to President Obama on October 30, 2014, asking to be allowed to see videotapes of force-feeding at Guantanamo.

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

On Thursday, 76 members of the US Congress — the Congressional Progressive Caucus, represented by co-chairs Raúl Grijalva and Keith Ellison — sent a letter to President Obama asking to be allowed to see videotapes of force-feeding at Guantánamo.

In May, District Judge Gladys Kessler ordered videotapes of the force-feeding — and “forcible cell extractions” (FCEs) — of Abu Wa’el Dhiab, a Syrian prisoner, to be made available to his lawyers, who had to travel to the Pentagon’s secure facility outside Washington D.C. to see them. After viewing them, Cori Crider, his lawyer at the legal action charity Reprieve, said, “While I’m not allowed to discuss the contents of these videos, I can say that I had trouble sleeping after viewing them,” and added, “I have no doubt that if President Obama forced himself to watch them, he would release my client tomorrow.”

On October 3, in response to a motion submitted in June by 16 major US media organizations, including the New York Times, the Washington Post, McClatchy, the Guardian, the Associated Press and others, Judge Kessler ordered the videotapes — eleven hours of footage, consisting of 28 tapes in total — to be publicly released, once they have been “redacted for ‘all identifiers of individuals’ other than Mr. Dhiab.” Read the rest of this entry »

Pentagon Defends Bowe Bergdahl/Guantánamo Prisoner Swap as Government Accountability Office Delivers Critical Opinion

In a move that has no legal weight, but which will embolden supporters of the “war on terror” prison at Guantánamo Bay, the Government Accountability Office, the non-partisan investigative arm of Congress, which is “charged with examining matters relating to the receipt and payment of public funds,” has concluded that the Department of Defense broke the law when, in May, five Taliban prisoners in Guantánamo were released in Qatar in a prisoner swap for Sgt. Bowe Bergdahl, the only US prisoner of war in Afghanistan.

The GAO concluded that the DoD acted in violation of section 8111 of the Department of Defense Appropriations Act, 2014, which “prohibits DOD from using appropriated funds to transfer any individuals detained at Guantánamo Bay unless the Secretary of Defense notifies certain congressional committees at least 30 days before the transfer.”

When the prisoner swap was announced, a tsunami of manufactured outrage poured forth from Republicans and right-wing pundits, even though both defense secretary Chuck Hagel and President Obama provided robust explanations about why they had bypassed Congress. As I explained at the time, Hagel said that the decision to go ahead with the swap — which, it should be noted, had been mooted for at least two years — came about after intelligence suggested Bergdahl’s “safety and health were both in jeopardy, and in particular his health was deteriorating.” Read the rest of this entry »

The Chaotic History of Guantánamo’s Military Commissions

See the full list here of everyone charged in the military commissions at Guantánamo.

Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.

As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.

The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »

Gitmo Clock Marks 300 Days Since Obama’s Promise to Resume Releasing Guantánamo Prisoners; Just 12 Men Freed

Please visit, like, share and tweet the Gitmo Clock, which I established last year (via the “Close Guantanamo” campaign) to mark how many days it is since President Obama’s promise to resume releasing cleared prisoners from Guantánamo, and how many have been freed.

Today (March 19, 2014), it is 300 days since President Obama promised to resume releasing prisoners from Guantánamo, in a major speech on national security issues last May, and I’m asking you to promote the Gitmo Clock, which I established last year with the designer Justin Norman, to show how many days it is since the promise, and how many prisoners have been released (just 12). At this rate, it will take over five years for all the cleared prisoners at Guantánamo to be released.

When President Obama made his promise, he was responding to widespread criticism triggered by the prisoners themselves, who, in February, had embarked on a major hunger strike — involving nearly two-thirds of the remaining prisoners — and his promise came after a period of two years and eight months in which just five men had been released from Guantánamo.

What was particularly appalling about the release of prisoners being reduced to a trickle was that over half of the men — 86 of the remaining 166 prisoners at the time — had been approved for release from the prison in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009 — and some of these men had previously been cleared for release by military review boards under President Bush, primarily in 2006 and 2007. Read the rest of this entry »

Close Guantánamo Now: Transcript of Andy Worthington’s Speech at an Inter-Faith Event in Los Angeles, January 15, 2014

On January 15, as part of my two-week “Close Guantánamo Now” US tour, marking the 12th anniversary of the opening of the “war on terror” prison at Guantánamo, I was the keynote speaker at a lunch event in a Methodist church in Los Angeles, which was convened by Interfaith Communities United for Justice and Peace (ICUJP), a Los Angeles area interfaith coalition who describe themselves as being “united behind the message that religious communities must stop blessing war and violence.”

Although the event was not filmed, an audio recording was made by Jenny Jiang, a journalist who runs a news site, “What the Folly?” which includes transcripts she makes of various talks and speeches. Jenny got in touch with me before my visit to ask for permission to record and transcribe my talk, and I was delighted that she wanted to do so.

Jenny subsequently published the transcript of my talk (unscripted as always), in which I ran through the history of Guantánamo, discussed the various legal challenges that have taken place over the years, discussed President Obama’s failure to close the prison as he promised, and the reasons for that failure, and also addressed where we are now, and what we can do in the coming year to keep the pressure on President Obama and on Congress to try and ensure that the prison is finally closed. Read the rest of this entry »

GTMO Clock Marks 250 Days Since President Obama’s Promise to Resume Releasing Prisoners from Guantánamo; 77 Cleared Men Still Held

Today the GTMO Clock, an initiative launched last August by the “Close Guantánamo” campaign, which I established two years ago with the US attorney Tom Wilner, marks a particular anniversary. It is 250 days since, stung by criticism caused by the Guantánamo prisoners embarking on a prison-wide hunger strike, President Obama delivered a major speech on national security issues in which he promised to resume releasing prisoners from Guantánamo. This came after two and a half years in which the release of prisoners had almost ground to halt as a result of Congressional opposition, and the president’s own refusal to spend political capital overcoming those obstacles.

At the time of his promise, 86 of the remaining 166 prisoners had been cleared for release by the high-level, inter-agency Guantánamo Review Task Force that he appointed when he took office in 2009. in the last 250 days, eleven prisoners have been freed, which is progress, but 77 cleared prisoners remain (including the first prisoner to have his case reviewed by a Periodic Review Board), and at this rate it will take another 1,750 days — or nearly five years — for the remaining cleared prisoners to be freed.

The GTMO Clock was set up to mark how many days it has been since President Obama’s promise, and how many men have been freed, so please visit the GTMO Clock, like it, share it and tweet it if you regard the painfully slow release of prisoners as unacceptable. Read the rest of this entry »

How Congress Is Finally Helping President Obama to Release Prisoners from Guantánamo

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Following three years of presidential inertia on Guantánamo — after Congress imposed onerous restrictions on the release of prisoners, and President Obama refused to spend political capital bypassing or challenging lawmakers — legislative amendments proposed by the Senate Armed Services Committee, chaired by Sen. Carl Levin, have been accepted by Congress. The National Defense Authorization Act for 2014, which contains the amendments, was approved by the House of Representatives last week and passed the Senate by 84 votes to 15 on Thursday night.

The changes, which I wrote about last month in an article entitled, “Senate Passes Bill to Help Close Guantánamo; Now President Obama Must Act,” emerged from the committee in June. They were accepted by the Senate last month, after what the Associated Press described as “a quiet yet effective lobbying push” by senior administration officials, including President Obama’s counter-terrorism adviser Lisa Monaco and Cliff Sloan, the veteran diplomat appointed this year, along with Paul Lewis at the Pentagon, to be an envoy for the closure of Guantánamo. However, the House of Representatives, where Republicans have a majority, had voted to keep all the restrictions in place.

After the Senate vote last month, a compromise had to be thrashed out between the Senate and House Armed Services Committees, in which proposals to remove the onerous restrictions on the release of prisoners survived, but other proposals — allowing prisoners to be brought to the US for detention, for trials or for medical treatment — did not. Without these particular changes, it is still not possible for Guantánamo to be closed, but for now, at least, these amendments make it easier for the president to release prisoners who were cleared for release four years ago by his own high-level, inter-agency Guantánamo Review Task Force — and, perhaps even more importantly, reassure him that he has support for releasing prisoners in Congress. Read the rest of this entry »

Senate Passes Bill to Help Close Guantánamo; Now President Obama Must Act

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

It’s rare that there is good news about Guantánamo, and even rarer that the good news involves Congress. However, on Tuesday, the Senate accepted a version of the annual National Defense Authorization Act, which originated in the Senate Armed Services Committee, and was put forward by the chair, Sen. Carl Levin, along with Sen. John McCain.

The Levin-McCain version of the NDAA is intended to make it much easier than it has been for the last three years for President Obama to release cleared prisoners from Guantánamo, and to seriously revisit his failed promise to close the prison once and for all, and we note, with thanks, the efforts of Senators and officials in the Obama administration to secure this victory.

This important version of the NDAA contains provisions relating to Guantánamo which allow President Obama to release prisoners to other countries without the onerous restrictions imposed by Congress for the last three years. These restrictions have led to the number of released prisoners dwindling to almost zero, even though 84 of the remaining 164 prisoners were cleared for release from the prison in January 2010 by a high-level, inter-agency task force appointed by President Obama shortly after he took office in 2009. Read the rest of this entry »

Will Carl Levin’s Amendments to the NDAA Help President Obama Close Guantánamo?

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Ever since President Obama took office in January 2009, and almost immediately promised to close George W. Bush’s “war on terror” prison at Guantánamo Bay, Cuba, he has faced opposition from Congress. Lawmakers only took four months to begin passing legislation designed to tie his hands, and, in recent years, they have imposed restrictions of increasing severity designed to keep Guantánamo open, and to prevent any more prisoners from being released, for reasons that involve either hysteria, cynical fearmongering or bleak games of political football.

It is to be hoped that this situation is about to come to an end, with some decisive intervention by key lawmakers in Congress, but it is never worth holding one’s breath for justice to be done where Guantánamo is concerned.

Rebellions in Congress, 2009-2012

The first rebellion against the president’s promise to close Guantánamo came in May 2009, when the Senate voted, by 90 votes to 6, to eliminate $80 million from planned legislation intended to fund the closure of Guantánamo, and to specifically prohibit the use of any funding to “transfer, relocate, or incarcerate Guantánamo Bay detainees to or within the United States.” Only six Democrats voted against the legislation, and three others abstained. Read the rest of this entry »

Will the End of War in Afghanistan Spur Obama to Close Guantánamo?

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

The short answer to the question, “Will the End of War in Afghanistan Spur Obama to Close Guantánamo?” is probably no, for reasons I will explain below, although it is, of course, significant to numerous interested parties that the withdrawal of US troops from Afghanistan next year provides an opportunity for new discussions about the ongoing detention of 164 prisoners at Guantánamo, and, probably, new legal challenges on their behalf.

On October 18, the Washington Post discussed these issues in an article entitled, “Afghan war’s approaching end throws legal status of Guantánamo detainees into doubt,” in which Karen DeYoung suggested, “The approaching end of the US war in Afghanistan could help President Obama move toward what he has said he wanted to do since his first day in office: close the US prison at Guantánamo Bay, Cuba.”

The article described how officials in the Obama administration were “examining whether the withdrawal of US troops at the end of 2014 could open the door” for some of the remaining 164 prisoners “to challenge the legal authority of the United States to continue to imprison them.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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